eBike Accidents 101
Everything You Need to Know About Electric Bike Accidents
Micromobility devices have changed how people get around in Massachusetts. eBikes are one type of device that works like a traditional bike but comes equipped with powered pedals that help you ride. Keep reading to learn more about eBike and scooter sccidents and how to navigate the aftermath of a crash.
The Definition of an eBike
An eBike looks just like a regular bicycle, and you may not even know it’s electric at first glance. However, there’s a small motor that operates the pedals. Some electric bikes just give extra power to your pedaling, while others can pedal for you up to a certain speed. Every eBike gets assigned to a class depending on the state you live in and how the bike works. This classification comes into play when determining where you can legally ride and how an insurance claim is processed after an accident.
Massachusetts eBike Classifications
In Massachusetts, eBikes are two- or three-wheeled and have a <750 watt motor with operable pedals.
Class 1 eBikes – Provide electric assistance only while the rider pedals, up to 20 mph.
Class 2 eBikes – Allow the cyclist to ride without pedaling up to 20 mph.
eBike Classifications in New Hampshire
While the pedal and motor requirements in New Hampshire are similar to Massachusetts’ laws, the state uses three classifications instead of two:
Class 1 eBikes – Provide pedaling assistance up to 20 mph.
Class 2 eBikes – Can be used without pedaling up to 20 mph.
Class 3 eBikes – Can reach speeds up to 28 mph. Age and helmet requirements apply.
Rider Rights and Restrictions
In most cases, eBike riders have the same rights as traditional bicycle riders in both Massachusetts and New Hampshire. They can use almost all public access roads except for highways and those that have no-bike signs and can take up a whole lane just like a car or truck. Riders are also not required to use a bike lane, even if one is present.
However, some restrictions apply. In both Massachusetts and New Hampshire, regular bicycles can be ridden on sidewalks unless municipal laws ban it. eBikes generally cannot use sidewalks and must ride with traffic. In New Hampshire, riders under 16 cannot use Class 3 eBikes and must wear a helmet.
Read More: What Are My Rights as a Cyclist in Massachusetts?
How eBike Accidents Happen
Unfortunately, eBike accidents can happen in a flash and when you least expect them. However, there are some things that put bicycle riders at a greater risk, like:
- Distracted driving (e.g., when a motor vehicle driver is using their cell phone)
- Speeding or failure to follow other traffic laws
- Roads with potholes or poor maintenance
- Defective bikes or vehicles
- Inadequate visibility
- Rider inexperience
- Drunk driving
Read More: Causes of eBike Accidents
Common Injuries in eBike Collisions
Like bicycle riders, eBike operators have next to nothing protecting them from the force of an accident. Even with helmets and other protective gear, riders are still at risk of catastrophic injuries. Here are just a few of the most common:
- Traumatic brain injuries (TBIs)
- Injury to internal organs
- Face and tooth injury
- Spinal cord injuries
- Excessive bleeding
- Cuts to the skin
- Broken bones
- Road rash
- Paralysis
- Death
Who’s Responsible for eBike Accidents?
Who is liable for an electric bicycle accident varies depending on how the accident happened. One of the most common causes of eBike crashes is the failure of a motor vehicle driver to pay attention to the road or give bike riders the space they are legally entitled to.
However, a mechanic could also be at fault if a rider brought their eBike into their establishment for service and it was improperly fixed or maintained. Another scenario when parents could get involved is if their teen is riding illegally on a sidewalk and hits a pedestrian. Attorney Robert Mazow tells Massachusetts Lawyers Weekly that, in these cases, parents may be liable for negligent entrustment.
More than one party may be responsible for an accident if it’s determined there were multiple contributing factors. We often file accident claims against:
- Car and truck drivers
- Commercial vehicle operators
- Employers
- Car and eBike manufacturers
- Property owners
- Mechanics or repair shops
- Other cyclists or micromobility device users
Read More: eBike Accident Liability
Compensation After an eBike Crash
An eBike accident claim is intended to compensate a victim and their family for expenses they would not have otherwise incurred if not for the at-fault party’s negligence. What kind of financial restitution victims receive depends on the severity of their injuries and how those impacted them at work and home. If a claim goes to court, there are two primary types of compensation:
Economic damages. These are the quantifiable costs of the accident, including medical bills, lost wages, and funeral expenses if the accident victim died.
Non-economic damages. These costs don’t have a dollar figure attached to them and represent the emotional and physical suffering the victim and their family endured after the collision.
eBike Accident Prevention Tips
Not all accidents can be avoided, but some can with careful actions like:
- Following all traffic laws.
- Traveling in the same direction as traffic instead of against it.
- Using lights and reflective gear to make sure you’re visible at night.
- Using hand signals when turning or changing lanes.
- Avoiding vehicle blind spots.
- Leaving room between yourself and parked cars in case someone opens their door suddenly.
- Slowing down at intersections and driveways.
- Watching for road defects.
- Avoiding distractions.
- Adjusting your speed for weather, traffic, visibility, and road conditions.
While wearing a properly fitting helmet won’t prevent an accident from happening, it can substantially reduce your risk of critical injuries if a collision does occur.
Read More: How to Avoid eBike Accidents
When to Contact a Qualified Massachusetts & New Hampshire eBike Accident Lawyer
If you or a family member were hurt while riding an eBike, you may now be dealing with costly medical bills or even permanent disability. Our Massachusetts and New Hampshire eBike accident lawyers are available now to help.
Contact us today to book your no-cost, no-obligation consultation. We’ll go over your legal rights in detail and discuss how you can file a compensation claim. Call now at (978) 862-7195 or toll-free at (855) 546-2117, or send us a message online, and our team will get back to you as soon as possible.
Additional Resources
Catastrophic Bicycle Accident Injuries & Claims
The Rise of Bigger Vehicles and Deadly Truck Pedestrian Accidents
Common Bicycle Accident Injuries & What To Do At The Scene (Podcast)
Defensive Biking & Avoiding Bicycle Accidents
The Importance of Bicycle Helmets (Podcast)
When Do You Need a Massachusetts Bicycle Accident Lawyer?
Frequently Asked Questions
Do I need insurance to ride an eBike?
No, insurance coverage is not required for riders who use a Class 1, 2, or 3 eBike, even on public access roads in either Massachusetts or New Hampshire. You also do not need to have a license or registration to ride an electric bicycle in these states.
What happens if the driver who hit me is uninsured?
In Massachusetts and New Hampshire, you will need to file a claim against your own auto insurance policy after an accident with an uninsured driver. However, you may be limited to recovering compensation only for bodily injury and not property damage, since these policies generally only cover damage to the insured motor vehicle.
Can I file a claim if I was injured while riding a rented eBike?
Yes, it’s possible to file a claim if you are in an accident while using a rented eBike; however, the liable party depends on how the accident happened. If a reckless driver hit you, you would file the claim against them and/or their insurance policy. If the accident was caused by a bicycle defect, your claim may be filed with the bike rental company or manufacturer.
Should I keep my damaged eBike after an accident?
Yes, you should keep your damaged eBike after a collision, even and especially if the damage is severe. This is the most important piece of physical evidence you have in a personal injury claim, regardless of whether you have taken photos of the damage.
How long does an eBike accident claim take?
How long an electric bicycle accident claim takes depends entirely on whether you are able to secure compensation from an insurance company or whether you go to court. If you are offered a fair settlement and accept, your case may only take a few weeks at most. If you cannot reach a settlement agreement or are suing the at-fault party in a civil case, your claim could take months or potentially years to resolve.
